1-1 By: Whitmire S.B. No. 720
1-2 (In the Senate - Filed March 9, 1993; March 10, 1993, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 29, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 April 29, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 720 By: Whitmire
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to fire and police grievance procedures in certain
1-24 municipalities.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Subsection (d), Section 143.128, Local Government
1-27 Code, is amended to read as follows:
1-28 (d) Regardless of the outcome of the meeting, the fire
1-29 fighter's or police officer's immediate supervisor or other
1-30 appropriate supervisor, or both, shall provide a written response
1-31 to the fire fighter or police officer, with a copy to the grievance
1-32 counselor, within 15 calendar <five of the supervisor's working>
1-33 days after the date the meeting occurs. The response must include
1-34 the supervisor's evaluation and proposed solution. The response
1-35 shall either be personally delivered to the fire fighter or police
1-36 officer or be mailed by certified mail, return receipt requested,
1-37 to the last home address provided by that person.
1-38 SECTION 2. Subsections (a), (b), and (c), Section 143.129,
1-39 Local Government Code, are amended to read as follows:
1-40 (a) To continue the grievance procedure, the fire fighter or
1-41 police officer must complete a step II grievance form and file it
1-42 with the department head or the departmental grievance counselor
1-43 within 15 <five> calendar days after the date the fire fighter or
1-44 police officer receives the supervisor's response under Section
1-45 143.128.
1-46 (b) The departmental grievance counselor shall arrange a
1-47 meeting of the fire fighter or police officer, that person's
1-48 immediate supervisor or other appropriate supervisor or both, and
1-49 the department head or the department head's representative who
1-50 must have a rank of at least assistant chief or the equivalent.
1-51 The meeting shall be held within 15 calender <five of the aggrieved
1-52 fire fighter's or police officer's working> days after the date the
1-53 step II grievance form is filed under Subsection (a).
1-54 (c) Regardless of the outcome of the meeting, the department
1-55 head or the department head's representative shall provide a
1-56 written response to the fire fighter or police officer within 15
1-57 calendar <10 of the department head's or department head's
1-58 representative's working> days after the date the meeting occurs.
1-59 The response shall either be personally delivered to the fire
1-60 fighter or police officer or be mailed by certified mail, return
1-61 receipt requested, to the last home address provided by that
1-62 person.
1-63 SECTION 3. Subsections (a) and (d), Section 143.130, Local
1-64 Government Code, are amended to read as follows:
1-65 (a) To continue the grievance procedure, the fire fighter or
1-66 police officer must complete a step III grievance form and file it
1-67 with the director within 15 <10> calendar days after the date the
1-68 fire fighter or police officer receives the department head's
2-1 response under Section 143.129.
2-2 (d) The grievance examiner shall make written findings and a
2-3 recommendation for solution of the grievance within 15 calendar <10
2-4 of the aggrieved fire fighter's or police officer's working> days
2-5 after the date the hearing ends. The findings and recommendation
2-6 shall be given to the commission and copies mailed to the fire
2-7 fighter or police officer by certified mail, return receipt
2-8 requested, at the last home address provided by that person, and to
2-9 the department head.
2-10 SECTION 4. Subsection (a), Section 143.131, Local Government
2-11 Code, is amended to read as follows:
2-12 (a) If the department head or the fire fighter or police
2-13 officer rejects the proposed solution under Section 143.130, the
2-14 department head, the department head's designated representative,
2-15 or the fire fighter or police officer must complete a step IV
2-16 grievance form and file it with the director within 15 <10>
2-17 calendar days after the date the person receives the grievance
2-18 examiner's recommendation.
2-19 SECTION 5. (a) This Act takes effect September 1, 1993, and
2-20 applies only to an action taken under the grievance procedures of
2-21 Sections 143.128 through 143.131, Local Government Code, as amended
2-22 by this Act, on or after that date.
2-23 (b) An action taken under the grievance procedures of
2-24 Sections 143.128 through 143.131, Local Government Code, before the
2-25 effective date of this Act is governed by the law relating to the
2-26 action in effect on the date the action was taken, and the former
2-27 law is continued in effect for that purpose.
2-28 SECTION 6. The importance of this legislation and the
2-29 crowded condition of the calendars in both houses create an
2-30 emergency and an imperative public necessity that the
2-31 constitutional rule requiring bills to be read on three several
2-32 days in each house be suspended, and this rule is hereby suspended.
2-33 * * * * *
2-34 Austin,
2-35 Texas
2-36 April 29, 1993
2-37 Hon. Bob Bullock
2-38 President of the Senate
2-39 Sir:
2-40 We, your Committee on Intergovernmental Relations to which was
2-41 referred S.B. No. 720, have had the same under consideration, and I
2-42 am instructed to report it back to the Senate with the
2-43 recommendation that it do not pass, but that the Committee
2-44 Substitute adopted in lieu thereof do pass and be printed.
2-45 Armbrister,
2-46 Chairman
2-47 * * * * *
2-48 WITNESSES
2-49 FOR AGAINST ON
2-50 ___________________________________________________________________
2-51 Name: Michael Howard x
2-52 Representing: Houston Police Patrolmen's
2-53 City: Houston
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2-55 Name: David Barber x
2-56 Representing: Houston Police Dept.
2-57 City: Houston
2-58 -------------------------------------------------------------------
2-59 Name: Rick Mumey x
2-60 Representing: Houston Professional Fire
2-61 City: Houston
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